The Protection of Copyright and Related Rights and

The Protection of Copyright and Related Rights and Their Role in Trade and Commerce April 3, 2008 1

Copyright n A bundle of rights granted by law to creators of intellectual works. 2

History n First national law (1709) n First international treaty (1886) 3

Common Features n n n Works Rights Limitations Duration of protection Ownership and transfer Exercise 4

Copyright Protection National n Bilateral n Regional n Multilateral n 5

International Conventions n n Berne Convention (1886) Universal Copyright Convention (1952) TRIPS Agreement (1994) WIPO Copyright Treaty (1996) 6

Berne Convention n n Berne Convention for the Protection of Literary and Artistic Works (1886) 1886 1971 last revised 163 Member States Administered by WIPO 7

Purpose n … to protect, in as effective and uniform a manner as possible, the rights of authors in their literary and artistic works. 8

Works Protected n …every production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression. 9

Copyrightable Works n n n n Literary works Musical works Artistic works Dramatical works Cinematographic works Photographic works Computer program Multimedia works 10

Economic Rights n n n n Translation Reproduction Public performance Public recitation Broadcasting and ctp Adaptation Arrangements or other alteration …… 11

Moral Rights n To claim authorship n To protect integrity 12

Limitations on Rights n Free use n Non-voluntary licenses 13

Limitations on Rights n n n Confined to special cases Do not conflict with normal exploitation of the work Do not unreasonably prejudice the legitimate interests of the author. 14

Duration of Protection n n Economic rights: - 50 years after death - 50 years after publication - 50 years after making Moral rights: - at least as long as economic rights 15

Ownership and transfer n n n Creator Employer Commissioner Assignment License 16

Basic Principles n National treatment n Automatic protection n Minimum protection 17

Appendix n Right of translation n Right of reproduction 18

UCC n n Universal Copyright Convention (UCC) Adopted 1952 100 Member States Administered by UNESCO 19

TRIPs Agreement n n n Agreement on Trade-Related Aspects of Intellectual Property Rights (1994) Berne plus - works - rights - enforcement WTO 20

WCT n n n WIPO Copyright Treaty (WCT) Adopted 1996 Effective March 2002 64 Members Administered by WIPO 21

Main Issues n n Application of rights in digital systems Limitations and exceptions Technological measures of protection Rights management information 22

Related Rights (neighboring rights) n Performers n Phonogram producers n Broadcasting organizations 23

Related Rights n Fixation n Reproduction n Broadcasting 24

International Conventions n n n Rome Convention (1961) Phonogram Convention (1971) Satellite Convention (1974) TRIPS Agreement (1994) Performances & Phonograms Treaty (1996) 25

Rome Convention n International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations n 1961 86 Member States n Administered by WIPO, UNESCO, ILO n 26

Phonogram Convention n n Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of Their Phonograms 1971 76 Member States Administered by WIPO, UNESCO, ILO 27

TRIPS Agreement n n n Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) Rights of performers Rights of producers 28

WPPT n n n WIPO Performances and Phonograms Treaty (WPPT) Adopted 1996 Effective May 2002 62 Members Administered by WIPO 29

Main Issues n n Application of right in digital systems Limitations and exceptions Technological measures of protection Rights management information 30

CRR and Russian Federation n n WIPO Convention 1970 Berne Convention 1995 Phonogram Convention 1995 Rome Convention 2003 31

Rational of Protection Promote creativity n Develop & strengthen cultural and information industries n Promote & enrich national cultural heritage n Promote trade in cultural goods & products n Encourage cultural exchanges n Enhance quality of daily life n 32

Role in Trade & Commerce n Agreement on Trade-related Aspects of Intellectual Propert Rights (TRIPS Agreement, 1994) n World Trade Organization (WTO) n Free Trade Agreements (bilateral, regional) 33

Studies on Economic Importance n n n Argentina, Brazil, Chile, Paraguay, Uruguay Canada, USA Australian, New Zealand Egypt, Jordan, Lebanon India, Japan, Singapore Austria, Finland, Germany, Hungary, Latvia, Netherlands, Norway, Sweden, UK, EU 34

The Importance of Copyright n Contributions to: - GDP - Employment - Trade 35

Creative Industries n Core copyright n Interdependent copyright n Partial copyright n Non-dedicated support industry 36

Core Copyright n n n n Software and database Press and literature Music, theatrical productions and opera Advertising services Radio and TV Visual and graphic arts Motion picture and video Photography 37

Interdependent Copyright n - Computer and equipment - TV sets, radio, VCRs, cassette and CD player, e-games equipment and similar - Musical instruments - Photographic and cinematographic inst - Photocopiers - Blank recording material - Paper 38

Partial Copyright n - Apparel, textiles & footwear - Jewelry and coins - Other crafts - Furniture - Household goods, china and glass - Wall coverings & carpets - Toys and games - Architecture, engineering, surveying - Interior design, museums 39

Non-dedicated Support Industry n - General wholesaling and retailing - General transportation - Telephony and internet 40

Singapore n Copyright-based industries boost Singapore’s economy - S$8. 6 billion value-added - 5. 6% GDP - 5. 7% employment 41

Comparison n n n Whole sale and retail: 12. 5% Financial services: 11. 6 Electronic goods/cmps: 7. 5 Construction: 6 Copyright-based: 5. 6 Chemical products: 3. 4 Hotels & restaurants: 2. 3 42

Other Countries 43

Other Countries 44

THANK YOU 45